The Insite - Justice Now: You Be The Judge

J U S T I C E N O W:
You Be the Judge

Here are the results of this poll:

Who was right? In whose favor do you think the court decided - T.L.O. or the school?

A	B	C	D	E

Response # of votes % of vote
A When a student is at school, school rules are the law. They have the right to search a student's possessions any time they decide it's necessary to protect the rest of the students. 1595 29%
B If this student wasn't involved in drug dealing then she wouldn't have minded if the school searched her purse. 1911 35%
C It's okay for a school to search a student's possessions in some situations. 1548 28%
D This was an 'unreasonable' search, so whatever was found in the student's purse should not be used as evidence against her. 100 2%
E This is a total outrage! A student should have the freedom to carry anything in a purse, pocket, or backpack. No nosy teacher or principal has the right to pry into her belongings. 96 2%
Total: 5451 100%

	Response	# of votes	% of vote
A	When a student is at school, school rules are the law. They have the right to search a student's possessions any time they decide it's necessary to protect the rest of the students.	1595	29%
B	If this student wasn't involved in drug dealing then she wouldn't have minded if the school searched her purse.	1911	35%
C	It's okay for a school to search a student's possessions in some situations.	1548	28%
D	This was an 'unreasonable' search, so whatever was found in the student's purse should not be used as evidence against her.	100	2%
E	This is a total outrage! A student should have the freedom to carry anything in a purse, pocket, or backpack. No nosy teacher or principal has the right to pry into her belongings.	96	2%
	Total:	5451	100%

What happened in court?
The Juvenile Court said the school could search T.L.O.'s purse. Why? Because a school official can search a student if...
"...there is a reasonable suspicion that a crime has been committed or there is reason to believe the search is necessary to maintain school discipline or enforce school policies."

Bottom line. Since the vice principle suspected T.L.O. was smoking in the bathroom he could open her purse. Once the purse was open, the rolling papers, etc., gave him a reasonable suspicion that she was selling drugs.
Case closed? No... T.L.O. appealed to the New Jersey Supreme Court.
How'd the higher court rule?
New Jersey Supreme Court said the search of T.L.O's purse was not reasonable and therefore her rights had been violated. They said the contents of her purse had nothing to do with the crime she was accused of... smoking cigarettes.
Bottom line. Just because the vice principal didn't believe T.L.O. when she said she didn't smoke cigarettes did not justify the search. No one gave him any information about there being cigarettes in her purse. And even if he had been justified in opening her purse, the evidence he saw of drug use did not justify the extensive "rummaging" through her things that followed. The New Jersey Supreme Court overturned the Juvenile Court's ruling.
Case closed? No... The School appealed to the U.S. Supreme Court and in 1985 the case came before the highest court.
What was the final ruling?
The U.S. Supreme Court ruled that it was a legal search.
Case closed? Case closed!

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